| No. 17-571 | |
| Title: | Fourth Estate Public Benefit Corporation, Petitioner v. Wall-Street.com, LLC, et al. |
| Docketed: | October 16, 2017 |
| Linked with 17A150 | |
| Lower Ct: | United States Court of Appeals for the Eleventh Circuit |
| Case Numbers: | (16-13726) |
| Decision Date: | May 18, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Aug 04 2017 | Application (17A150) to extend the time to file a petition for a writ of certiorari from August 16, 2017 to October 13, 2017, submitted to Justice Thomas. |
| Aug 07 2017 | Application (17A150) granted by Justice Thomas extending the time to file until October 13, 2017. |
| Oct 13 2017 | Petition for a writ of certiorari filed. (Response due November 15, 2017) |
| Oct 13 2017 | Waiver of right of respondents Wall-Street.com, LLC, et al. to respond filed. |
| Nov 01 2017 | DISTRIBUTED for Conference of 11/21/2017. |
| Nov 02 2017 | Response Requested. (Due December 4, 2017) |
| Nov 28 2017 | Brief of respondents Wall-Street.com, LLC, et al. in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 13 2017 | DISTRIBUTED for Conference of 1/5/2018. |
| Dec 13 2017 | Reply of petitioner Fourth Estate Public Benefit Corporation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 08 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 16 2018 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| Jun 05 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 05 2018 | Supplemental brief of petitioner Fourth Estate Pub. Benefit Corp. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 27 2018 | DISTRIBUTED for Conference of 6/27/2018. |
| Jun 28 2018 | Petition GRANTED. |
| Jul 23 2018 | Motion for an extension of time filed. |
| Main DocumentProof of Service | |
| Jul 24 2018 | Blanket Consent received from counsel of record for Petitioner, Fourth Estate Public Benefit Corporation filed. |
| Blanket ConsentProof of Service | |
| Jul 24 2018 | Motion to dispense with printing the joint appendix filed by petitioner Fourth Estate Pub. Benefit Corp. |
| Main DocumentProof of Service | |
| Jul 25 2018 | Blanket Consent filed by Respondents, Wall-Street.com, LLC, et al. |
| Blanket ConsentProof of Service | |
| Jul 27 2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2018. The time to file respondents' brief on the merits is extended to and including October 11, 2018. |
| Aug 24 2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Aug 27 2018 | Brief of petitioner Fourth Estate Pub. Benefit Corp. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amici curiae of National Music Publishers' Association, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 04 2018 | Brief amicus curiae of The Copyright Alliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amicus curiae of American Bar Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amici curiae of Authors Guild and Other Artists' Rights Organizations filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 04 2018 | Brief amicus curiae of The International Trademark Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 11 2018 | Brief of respondents Wall-Street.com, LLC, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 18 2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 18 2018 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| Oct 18 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Oct 18 2018 | Brief amici curiae of Authors and Educators filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 18 2018 | Brief amici curiae of Public Knowledge, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 26 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 13 2018 | Reply of petitioner Fourth Estate Pub. Benefit Corp. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 28 2018 | SET FOR ARGUMENT ON Tuesday, January 8, 2019 |
| Nov 30 2018 | CIRCULATED |
| Dec 11 2018 | Record requested from the U.S.C.A. 11th Circuit. |
| Dec 13 2018 | Record received from the U.S.D.C. Southern Dist. of Florida Fort Lauderdale Division is electronic and complete. |
| Dec 17 2018 | Record from the U.S.C.A. 11th Circuit is electronic and located on PACER. |
| Jan 08 2019 | Argued. For petitioner: Aaron M. Panner, Washington, D. C. For respondents: Peter K. Stris, Los Angeles, Cal.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Mar 04 2019 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. |
| Apr 05 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Aaron M. Panner Counsel of Record | Kellogg, Hansen, Todd, Figel & Frederick, PLLC 1615 M Street, NW Suite 400 Washington, DC 20036 apanner@kellogghansen.com | 202-326-7900 |
| Party name: Fourth Estate Pub. Benefit Corp. | ||
| Attorneys for Respondents | ||
| Peter K. Stris Counsel of Record | Stris & Maher LLP 725 S. Figueroa St., Ste. 1830 Los Angeles, CA 90017 peter.stris@strismaher.com | (213) 995-6801 |
| Party name: Wall-Street.com, LLC, et al. | ||
| Other | ||
| Cory L. Andrews Counsel of Record | Washington Legal Foundation 2009 Massachusetts Avenue, NW Washington, DC 20036 candrews@wlf.org | 202.588.0302 |
| Party name: Washington Legal Foundation | ||
| Hillary Brill | Glushko Samuelson Intellectual Property Clinic 4300 Nebraska Ave NW Washington, DC 20016 hillary_brill@yahoo.com | 2028216698 |
| Party name: Authors and Educators | ||
| Beth Susan Brinkmann Counsel of Record | Covington & Burling 850 Tenth Street, NW Washington, DC 20001-4956 bbrinkmann@cov.com | 202-662-5312 |
| Party name: National Music Publishers' Association; Recording Industry Association of America; American Society of Composers, Authors and Publishers; Broadcast Music, Inc.; Nashville Songwriters Association International; Songwriters of North America | ||
| Robert M. Carlson Counsel of Record | Corette Pohlman, et al. 129 W. Park Butte, MT 59701 annaliese.fleming@americanbar.org | 312-988-5000 |
| Party name: AMERICAN BAR ASSOCIATION | ||
| Harold Feld Counsel of Record | Public Knowledge 1818 N Street NW Suite 410 Washington, DC 20036 hfeld@publicknowledge.org | 202-861-0020 |
| Party name: Public Knowledge and The R Street Institute | ||
| Noel J. Francisco | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Peter Jaszi Counsel of Record | Washington College of Law, AU 4300 Nebraska Ave NW Washington, DC 20016 pjaszi@wcl.american.edu | 2406051934 |
| Party name: Authors and Educators | ||
| Eleanor Martine Lackman Counsel of Record | Cowan DeBaets Abrahams & Sheppard LLP 41 Madison Avenue, 38th Floor New York, NY 10010 Elackman@cdas.com | 212-974-7474 |
| Party name: Authors Guild and Other Artists' Rights Organizations | ||
| Lawrence K. Nodine Counsel of Record | Ballard Spahr, LLP 999 Peachtree St., Suite 1000 Atlanta, GA 30309 nodinel@ballardspahr.com | (678) 420-9422 |
| Party name: THE INTERNATIONAL TRADEMARK ASSOCIATION | ||
| John Matthew DeWeese Williams Counsel of Record | Mitchell Silberberg & Knupp LLP 1818 N. Street NW, 8th Floor Washington, DC 20036 mxw@msk.com | 202-355-7900 |
| Party name: The Copyright Alliance | ||